Authors: Att. Mustafa Şahin

Introduction

The legal foundation of mining activities in Türkiye is built upon a layered normative framework consisting of the Mining Law and its secondary legislation. At the center of this structure lies the Ministry of Energy and Natural Resources (“MENR”); the issuance of mining licenses and the administration of mining activities are carried out by the General Directorate of Mining and Petroleum Affairs (“MAPEG”) within the MENR.

The mining sector is not confined solely to mining legislation; depending on the nature of the activity and the characteristics of the field, numerous regulations relating to forestry, environment, employment and occupational health–safety, taxation, zoning, and the protection of cultural and natural assets also apply directly.

The following assessment systematically outlines the fundamental framework of mining legislation, types of licenses and permits, obligations during exploration and operation phases, renewal, termination, and transfer of licenses, as well as complementary conditions of the operation permit.

General Framework of Mining Legislation

Article 4 of the Mining Law No. 3213 (“Mining Law”) stipulates that mineral resources are under the dominion and disposition of the State. The ownership of the minerals and the ownership of the immovable property where the mineral is located are considered separate; therefore, mining rights are licensed independently from surface ownership. The State may allow private individuals or companies to conduct exploration and operation activities through licenses granting rights for a specified period.

The concept of “mineral” covers all naturally occurring substances with economic or commercial value, excluding petroleum, natural gas, geothermal, and water resources. Article 2 of the Mining Law classifies minerals into groups, and the licensing regime is based on this classification.

 Groups Listed under the Mining Law:

Mining licenses are granted according to the above-mentioned groups and subgroups for the discovery, exploration, development, and operation of minerals. Mining rights may only be granted to Turkish citizens or companies duly incorporated in Türkiye.

A mining license obtained for a specific group does not entitle its holder to benefit from other groups. Mining licenses are categorized as exploration licenses and operation licenses.
An exploration license grants the right to conduct exploration within a defined geographical area. To extract minerals from the geographical area specified in the operation license, the miner must hold an operation license. For mining activities to be carried out, an operation permit must accompany the operation license.

Exploration License: Phases, Application, and Revocation Regime

An exploration license grants the right to explore for minerals within a specified geographic area and can be obtained through direct or online application to MAPEG. The Mining Regulation divides exploration activities into four phases.

The pre-exploration phase is the initial period following the issuance of the license; by the end of this phase, the license holder must submit a report on pre-exploration activities to the administration. Failure to submit the report in due time results in an administrative fine. If the report is deemed sufficient, the general exploration phase begins; this phase lasts two years for Group IV and one year for other groups, at the end of which a progress report must also be submitted. Failure to submit the report may result in forfeiture of the security deposit and revocation of the license.

The detailed exploration phase, which may last up to four years, follows; annual reporting obligations continue during this phase, and for Group IV (b), (c), and (ç) — energy, metal, and radioactive minerals — technical and economic feasibility sufficient for transition to operation must be demonstrated. Finally, a feasibility phase of two years may be defined when deemed necessary, the fee for which equals twice the detailed exploration fee.

During the application stage, financial adequacy and minimum fees must be completed. The applicant must submit a bank reference letter proving the minimum financial adequacy. Additionally, pursuant to Article 13 of the Mining Regulation, a mining exploration project must be submitted clearly setting forth the project’s objective, timeline, investment and expenditure items, and financial adequacy elements. The administration may request additional exploration activities if deemed necessary.

Revocation of an exploration license arises from violations of reporting or expenditure obligations. When deficiencies in pre- or detailed exploration reports or expenditure documents are identified, completion within one month is required. Failure to comply results in administrative fines; if the term has expired, the license terminates, otherwise it may be revoked. Non-submission of the detailed exploration report within the prescribed time results in revocation. This system aims to ensure the diligent execution of exploration and prevent waste of resource allocation.

Operation License and Operation Permit: Financial Adequacy, Renewal, Termination, and Transfer

An operation license authorizes the extraction of minerals within a specific site and period; however, it is not sufficient on its own. To commence production, an operation permit must also be obtained. Applications for operation licenses are submitted to MAPEG; deficiencies in the application file must be remedied within three months following notification by the administration.
Financial adequacy is set at at least 20% of total investment cost. Legal entities must prove 30% of this amount as equity capital and 70% through a bank reference letter. At the operation permit stage, supporting administrative permits such as forest permits and workplace opening and operation permits must be completed.

The duration of operation licenses for Group IV is determined according to proven and probable reserves and project parameters; except for five-year Group I(a) licenses, the total period cannot be less than ten years. Extension requests must be made no later than six months before expiry, with proof that license fees have been paid and the updated project — including reserve and environmental compliance plan — has been submitted.

Extensions are decided by taking into account investment in the field, project progress, and adequacy of past activities. Including extensions, the total duration of an operation license cannot exceed 30 years for Group I, 40 years for Group II, and 50 years for other groups; extensions beyond these limits are subject to the discretion of the Minister of Energy and Natural Resources for Groups I and II, and of the President for other groups.

Termination may be initiated by MAPEG in cases of violation of the Mining Law. Repeated failures such as lack of EIA approval, operation permit, or surface rights, or submission of misleading statements, may lead to termination. Failure to produce or production amounting to less than 10% of the annual quantity stated in the project in any three years of a five-year period results in administrative fines; repetition leads to revocation.

Failure to pay outstanding license fees within the three-month completion period also constitutes grounds for revocation. This inspection regime is implemented by MENR teams conducting periodic field audits.

Transfer of operation licenses is possible; however, the transferee must meet the eligibility and financial adequacy requirements for holding a license, and MENR approval must be obtained. Upon approval, the transfer is completed with registration in the Mining Registry. The transfer fee equals twice the sum of the license’s base price and the license fee on the date of transfer. In share transfers resulting in a change of control exceeding 10% of the capital, MENR approval is also required, with parties submitting a reasoned application. Exploration rights are independent from the principal license; they may be transferred together with or separately from the license, limited to the reserve supply approved by MAPEG.

Operation Permit and Complementary Permits

No production may commence without obtaining an operation permit. Within three years from the effective date of the operation license, all official approvals and other rights required for operating the mine must be secured. Once the operation permit is granted, activity must commence within one year; otherwise, an amount corresponding to 10% of the annual production quantity declared in the project is paid to MAPEG as a state share.

A critical component of the operation permit process is the environmental compliance mechanism. For activities listed in Annex-I of the Environmental Impact Assessment (“EIA”) Regulation, a positive EIA decision (“EIA Positive”) is mandatory. For projects within Annex-II, a screening process is conducted, and if deemed unnecessary, a “EIA Not Required” certificate is issued.
EIA decisions remain valid indefinitely unless the enterprise’s address, capacity, or process parameters change; capacity changes require additional assessment. Projects with “EIA Positive” decisions must commence investment within seven years, and those with “EIA Not Required” certificates within five years.

Surface rights permits fall within the jurisdiction of different authorities depending on the nature of the mining site: forests, afforestation areas, wildlife protection zones, special environmental protection zones, national parks and nature conservation areas, agricultural and pasture lands, protected cultural and natural heritage sites, drainage basins, coastal areas and territorial waters, tourism zones, military restricted zones, and urban or adjacent areas. Applications must be made within three months following the operation license, either directly to the relevant administrations or to MAPEG for coordination.

The workplace opening and operation license is granted indefinitely by municipalities, special provincial administrations, or organized industrial zone administrations pursuant to the Regulation on Workplace Opening and Operation Licenses. Changes in company control do not require renewal of this license; however, if the trade name changes, it must be updated within three months.
For facilities requiring construction, a building permit must be obtained from the relevant authority under the Zoning Law No. 3194. Within two months after commencing production, registration in the Industrial Registry and obtaining the Industrial Registration Certificate under the Industrial Registry Law No. 6948 is mandatory; the certificate must be renewed electronically every two years. Failure to submit annual operating statements to the industrial registry by the end of April each year entails the risk of administrative fines.

Conclusion

The license–permit architecture of Turkish mining law presents a detailed and interdisciplinary framework aimed at balancing efficient and sustainable management of resources with investment security. Exploration and operation licenses are supported by financial and technical adequacy criteria; environmental–administrative compliance is ensured through complementary mechanisms such as EIA, surface rights, workplace license, building permit, and industrial registration.
Continuous obligations during the operation phase — including activity reporting, production thresholds, and rehabilitation — safeguard both public interest and the institutional integrity of the sector. Combined with the administration’s supervisory authority and the termination–transfer regime, this framework strengthens predictability and transparency within the industry.
Within this system, best practice for investors is to maintain proactive communication with MAPEG and relevant authorities at every stage of the project lifecycle, and to keep contract and license documents consistent with production and environmental plans — up-to-date and audit-ready.